(b) is in use for the production of forage or is lying fallow, having previously been used for the production of forage,

but does not include land excluded from this definition by regulation;

"industrial activity" includes

(a) land clearing, and

(b) other activities included in this definition by regulation,

but does not include activities excluded from this definition by regulation;

"local government" means

(a) the City of Vancouver,

(b) a municipality,

(c) a regional district,

(d) an improvement district,

(e) a water improvement district, or

(f) a prescribed organization;

"official" means a person

(a) employed in the ministry of the minister responsible for the administration of this Act, who is designated by name or title to be an official by the minister for the purpose of a provision of this Act or of the regulations that is specified in the designation,

(b) employed in the Oil and Gas Commission and designated, by the commissioner as defined in section 1 (2) of the Oil and Gas Activities Act, by name or title to be an official for the purpose of a provision of this Act or of the regulations that is specified in the designation, or

(c) who is a conservation officer designated by the minister responsible for the Environmental Management Act, by name or title to be an official for the purpose of a provision of this Act or of the regulations that is specified in the designation;

"private land" means land other than Crown land.

Part 1 — Forest and Range Protection Requirements

General duty to report fire

2A person, other than a person acting in accordance with section 5 (2) or 6 (3), who sees an open fire that is burning in forest land or grass land or within 1 km of forest land or grass land and that appears to be burning unattended or uncontrolled must immediately report the fire

(a) to an official employed in the ministry,

(b) to a peace officer, or

(c) by calling a fire emergency response telephone number.

Mishandling burning substances

3(1) Except for the purpose of starting a fire in accordance with this Act or another enactment, a person must not start or risk starting an open fire in forest land or grass land, or within 1 km of forest land or grass land, by dropping, releasing or mishandling

(a) a burning substance, or

(b) any other thing that the person reasonably ought to know is likely to cause a fire.

(2) A person who does not comply with subsection (1) must immediately extinguish, if practicable,

(a) the burning substance, and

(b) any fire that results from dropping, releasing or mishandling the burning substance or the other thing, as the case may be.

Use of open fires — application

4(1) Sections 5 and 6 do not apply inside the boundaries of

(a) the City of Vancouver, or

(b) a municipality that is not a prescribed municipality referred to in subsection (2).

(2) Sections 5 and 6 apply to all areas inside the boundaries of a prescribed municipality, or of a local government that is a local government under paragraphs (c) to (f) of the definition of "local government" in section 1, except the areas in respect of which the municipality or the local government has a bylaw that

(a) relates to the lighting, fuelling or use of open fires in the area, and

(b) meets prescribed criteria.

(3) Despite subsections (1) and (2), and except in prescribed circumstances, sections 5 and 6 apply to areas of private managed forest land as defined in the Private Managed Forest Land Act.

Non-industrial use of open fires

5(1) Except in prescribed circumstances, a person, other than a person carrying out an industrial activity, must not light, fuel or use an open fire in forest land or grass land or within 1 km of forest land or grass land.

(2) A person who does not comply with subsection (1) must

(a) immediately carry out fire control and extinguish the fire, if practicable, and

(b) as soon as practicable, report the open fire as described in section 2.

Industrial activities

6(1) Except in prescribed circumstances, a person carrying out an industrial activity must not light, fuel or use an open fire in forest land or grass land or within 1 km of forest land or grass land.

(2) A person who carries out an industrial activity must do so

(a) at a time, and

(b) in a manner

that can reasonably be expected to prevent fires from starting because of the industrial activity.

(3) If, except in the prescribed circumstances referred to in section 5 (1) or subsection (1) of this section, a fire starts at, or within 1 km of, the site of the industrial activity, the person carrying out the industrial activity must

(a) immediately carry out fire control and extinguish the fire, if practicable,

(b) continue with fire control for the fire until

(i) the fire is extinguished,

(ii) it becomes impracticable to continue with fire control, or

(iii) an official relieves the person in writing from continuing,

(c) as soon as practicable, report the fire as described in section 2, and

(d) in accordance with prescribed requirements, rehabilitate the land damaged by fire control carried out by the person.

Hazard assessment and abatement

7(1) In prescribed circumstances and at prescribed intervals, a person carrying out an industrial activity or a prescribed activity on forest land or grass land or within 1 km of forest land or grass land must conduct fire hazard assessments.

(2) A person, other than a person who is in a prescribed class of persons referred to in subsection (2.1), carrying out an industrial activity or a prescribed activity, must, within a prescribed time period and to the prescribed extent, abate a fire hazard of which the person is aware or ought reasonably to be aware.

(2.1) A person who is in a prescribed class of persons must, within the prescribed time period and to the prescribed extent, abate a fire hazard on a prescribed area.

(2.2) A person referred to in subsection (2) is not required to abate a fire hazard on an area if a person referred to in subsection (2.1) is required to abate the fire hazard.

(3) Despite subsections (2) and (2.1), if an official identifies circumstances that the official considers constitute a fire hazard in relation to

(a) an industrial activity, or

(b) a prescribed activity referred to in subsections (2) and (2.1),

the official by written order may require the applicable person to abate the fire hazard by a specified date.

(4) A person who is the subject of an order under subsection (3) and to whom written notice of the order has been given must comply with the order.

Part 2 — Authority of Government for Fire Prevention and Fire Control

Policies and priorities for fire control

8The minister may establish policies and priorities for the efficient use of fire control resources of the government.

Government may carry out fire control

9(1) The government may enter on any land and carry out fire control if an official considers that a fire on or near the land endangers life or threatens forest land or grass land.

(2) At the request of a local government, the government may enter on land and carry out fire control within the local government's boundaries or jurisdiction.

(3) After carrying out fire control under subsection (1), the government may remain on that land or re-enter the land for the purposes of investigating the cause of a fire, rehabilitating the land or for other prescribed purposes.

(4) If the government enters on private land to carry out fire control on other land, the government must compensate the owner of the private land and any tenant of the private land for damage caused to the private land by the government in carrying out the fire control.

(5) If the government enters on private land to carry out fire control on that land, the government, in prescribed circumstances, must compensate the owner of the private land and any tenant of the private land for damage caused to the private land by the government in carrying out the fire control.

(6) In accordance with prescribed requirements, the government may rehabilitate land damaged by fire control carried out under this section.

(7) The following may act on behalf of the government under this section if authorized by the minister:

(a) an independent contractor of the government;

(b) a person from another jurisdiction acting under a mutual aid arrangement, as defined in section 66.1;

(c) an individual employed or retained by or acting voluntarily for a local government fire department that is acting under an arrangement with the government;

(d) the Canadian Forces;

(e) a prescribed organization acting under an arrangement with the government.

Restrictions on open fires

10(1) Despite a regulation enacting the prescribed circumstances referred to in section 5 (1) or 6 (1) in which an open fire may be lit, fuelled or used, if an official considers it necessary or desirable to limit the risk of a fire or to address a public safety concern, the official, by order for a specified area, may

(a) restrict or prohibit the lighting, fuelling or use of an open fire, or

(b) require all persons lighting, fuelling or using one or more open fires in the area to cease doing so and to extinguish the open fire or fires.

(2) A restriction or requirement under this section may be different for different

(a) types, categories or subcategories of open fires,

(b) categories of persons, places or things, or

(c) circumstances.

(3) A person must not carry out an activity that is the subject of a restriction or prohibition under subsection (1) (a).

(4) Each of the persons that is the subject of an order under subsection (1) (b) must comply with the order.

Restricted areas

11(1) If the minister considers it necessary or desirable to limit the risk of a fire, to address a public safety concern or to avoid interference with fire control, the minister by order may designate a specified area as a restricted area for a specified period.

(2) During the specified period under an order under this section, a person must not remain in or enter the area designated by the order as a restricted area, unless the person

(4) For the period during which an activity continues as a restricted activity under this section, the minister may exempt a person in writing from an order made under subsection (1) or from any fire control obligation for that area.

Requirement to leave specified area

13(1) If the government is engaged in fire control, an official by order may require all persons in an area specified by the official to leave the area.

(2) Each of the persons that is the subject of an order under subsection (1) must comply with the order.

(3) An order under subsection (1) may be different for different categories of persons.

Notice of orders under sections 10 to 13

14(1) Despite section 63, notice must be given in accordance with this section of an order made under any of sections 10 to 13.

(2) The notice required under subsection (1) is sufficiently given to all persons in or near the applicable specified area under sections 10 to 13 if the notice includes a copy of the order or contains particulars or a summary of the order and is

(a) posted in or near the specified area,

(b) published in or near the area in a manner that the official giving the notice considers will come to the attention of persons in or near the specified area, or

(c) broadcast in a manner that the official giving the notice considers will come to the attention of persons in or near the specified area.

(3) Without limiting subsection (2), a notice under any of sections 10 to 13 is sufficiently given to any person if the notice includes a copy of the order or contains particulars or a summary of the order and is delivered to the person.

Temporary employees

15(1) An official may hire temporary employees for the purposes of carrying out fire control or other activities under this Act.

(3) The government must pay remuneration as prescribed to a temporary employee.

(4) An official may authorize a temporary employee in writing to exercise within specified limits the powers conferred on that official under this Act.

Requisition of facilities, equipment and personnel

16(1) For the purposes of carrying out fire control, an official may

(a) order a person to

(i) provide facilities and equipment, that the person owns or has use of, to be used under an official's direction,

(ii) assign an employee of the person to carry out fire control, under an official's direction, and

(iii) pay the employee his or her usual wages while the employee is acting under an official's direction, or

(b) order a person who is 19 years of age or older to assist in fire control if the person

(i) is physically capable of doing so, and

(ii) is trained to carry out fire control or has skills that can be used in doing so.

(2) A person who is the subject of an order under subsection (1), and to whom written notice of the order has been given, must comply with the order.

Compensation for persons carrying out fire control

17(1) Subject to subsections (3) and (4), the government must pay compensation as prescribed to a person who, in respect of a fire,

(a) carries out fire control under an obligation imposed under section 6, or

(b) complies with an order under section 16.

(2) Subject to subsections (3) and (4), the government may pay compensation as prescribed to a person for his, her or its expenses incurred and work done in voluntarily fighting a fire on forest land or grass land or within 1 km of forest land or grass land.

(3) Compensation is not payable under this section to a person in respect of a fire on private land that the person owns, rents or leases or on Crown land leased by the person from the government.

(3.1) Either before or after compensation is paid under subsection (1) or (2), the minister, after giving a person referred to in subsection (1) or (2) an opportunity to be heard, may by order determine that the person, or a person acting on the person's behalf, caused or contributed to a fire or to the spread of a fire.

(4) If the minister determines by order under subsection (3.1) that a person or a person acting on the person's behalf caused or contributed to a fire or to the spread of a fire, compensation is not payable under subsection (1) or (2) to that person in respect of that fire.

(4.1) If the minister determines by order under subsection (3.1) that a person or a person acting on the person's behalf caused or contributed to a fire or to the spread of a fire and the government has already paid compensation to that person under subsection (1) or (2), the person must repay to the government the amount paid by the government.

(5) The minister must give written notice of an order made under subsection (3.1) to the person who is the subject of the order, accompanied by a copy of the order and informing the person of the following:

(a) the reasons for the order;

(a.1) if the order is made after compensation has been paid to the person under subsection (1) or (2),

(i) the amount of compensation that was paid by the government under subsection (1) or (2) and must be repaid by the person to the government, and

(ii) the person's liability under section 130 of the Forest Act to pay to the government the amount described under subparagraph (i) of this paragraph;

(b) the person's right to a review under section 37 or to an appeal under section 39, including an address to which a request for a review or appeal may be delivered.

Right of government to use fire

18The minister may cause fire on, or allow fire to be introduced onto, Crown land, other than Crown land leased from the government, for the purpose of

(a) reducing the likelihood of unwanted fire on the area,

(b) increasing public safety,

(c) enhancing forest land resources and values,

(d) enhancing grass land resources and values, or

(e) meeting other government objectives.

Part 3 — Administrative Remedies and Cost Recovery

Applicability of sections 19 to 42 and 45 to 53 of this Act for the Forest Practices Code of British Columbia Act

18.1(1) Sections 19 to 42 and 45 to 53 of this Act apply to and in respect of

(b) the reference in section 27 (1) (a) of this Act to a prescribed amount must be read as a reference to the amount prescribed under section 71 of the Forest and Range Practices Act at the time of the contravention, and

Entry onto land and premises

19(1) For any purpose related to the administration or enforcement of this Act or the regulations, an official may enter, at any reasonable time,

(a) on land that is forest land or grass land or is within 1 km of forest land or grass land, or

(b) any premises on the land, other than a dwelling or a room being used as a dwelling,

if the official has reasonable grounds to believe that the land or premises is or has been the site of a fire or an industrial activity that may have caused or contributed to a fire.

(2) At any reasonable time, an official may enter on land that is forest land or grass land, or is within 1 km of forest land or grass land, to inspect for fire hazards if the official has reasonable grounds to believe that an activity is being carried out or a condition exists on the land that might cause or produce a fire hazard.

(3) An official who enters on land or premises under this section

(a) may inspect anything or any activity that is reasonably related to the purpose of the inspection, and

(b) may require production, for the purposes of inspection, examination, analysis or copying, of

Warrant to search and seize evidence

20(1) A justice of the peace may issue a warrant under section 21 or 22 of the Offence Act to an official to enter land, premises or both and search for and seize evidence of a contravention of this Act or the regulations.

Inspection of vehicle or vessel

21An official or peace officer, who has reasonable grounds to believe that there is anything that is in or on a vehicle or vessel and is relevant to a contravention by any person of this Act or the regulations, may

(a) require the person operating the vehicle or vessel to stop the vehicle or vessel, and

(b) carry out an inspection of the vehicle or vessel.

Obligations of person inspected

22(1) A person must not obstruct an official in the lawful exercise of a power or duty under this Act.

(2) The operator of a vehicle or vessel must stop the vehicle or vessel when required to do so by an official or by a peace officer if the official or peace officer

(a) is in uniform,

(b) displays his or her official identification, or

(c) is in or near a vehicle or vessel that is readily identifiable as a government vehicle or vessel.

(3) A person who

(a) has apparent possession of land or premises that are the subject of an entry by an official in accordance with section 19,

(b) has apparent custody or control of any record or thing inspected under section 19,

(c) is in charge of an activity that is being inspected under section 19, or

(d) is operating a vehicle or vessel that is stopped under section 21,

must produce, if and as required by the official,

(e) proof of identity, and

(f) a record required under section 19 or anything inspected under section 21.

Proof of official's identity

23An official who under this Division enters onto land or premises, conducts an inspection, stops a vehicle or vessel, requests records or seizes goods must provide proof of identity at the request of the person who

(a) is in possession or apparent possession of the land or premises,

(b) has apparent custody or control of the records or property being inspected,

(c) is in charge of the activity being inspected, or

(d) is operating a vehicle or vessel stopped under section 21.

Peace officers may accompany

24An official exercising powers or duties under this Part may be accompanied by a peace officer.

Division 2 — Cost Recovery and Administrative Remedies

Recovery of fire control costs and related amounts

25(1) After the government has carried out, for a fire on Crown land or private land, fire control authorized under section 9, the minister may

(a) determine the amount of the government's costs of doing so, calculated in the prescribed manner,

(b) determine the amount that is equal to the dollar value of any

(i) Crown timber,

(ii) other forest land resources,

(iii) grass land resources, and

(iv) other property

of the government damaged or destroyed as a direct or indirect result, of the fire, calculated in the prescribed manner, and

(c) determine the costs

(i) that have been or will be incurred by the government in re-establishing a free growing stand as a direct or indirect result of the fire, and

(ii) that have been incurred by the government for silviculture treatments that were rendered ineffective as a direct or indirect result of the fire.

(2) Subject to subsection (3), the minister, except in prescribed circumstances, by order may require a person to pay to the government the amounts determined under subsection (1) (a) and (b) and the costs determined under subsection (1) (c), subject to any prescribed limits, if the person

(a) is a holder of a leasehold interest, under a lease in a prescribed category of leases from the government, of the Crown land on which a fire referred to in subsection (1) originated,

(b) is an occupier of Crown land that is subject to a lease referred to in paragraph (a) who occupies the Crown land with the permission of the holder of the lease, or

(c) is an owner of the private land on which a fire referred to in subsection (1) originated or is a holder of a leasehold interest in that private land, or is an occupier of that private land with the permission of the owner or holder.

(3) The minister must not make an order under subsection (2) unless the minister, after giving the holder, occupier or owner an opportunity to be heard or after one month has elapsed after the date on which the person was given the opportunity to be heard, determines that the holder, occupier or owner caused or contributed to the fire or the spread of the fire.

(4) The minister must give written notice of an order made under subsection (2) to the person who is the subject of the order, accompanied by a copy of the order and informing the person of

(a) the amounts payable by the person to the government under the order and the person's liability under section 130 of the Forest Act to pay that amount,

(b) the reasons for the order, and

(c) the person's right to a review under section 37 or to an appeal under section 39, including an address to which a request for a review or appeal may be delivered.

Contravention orders

26After giving a person who is alleged to have contravened a provision of this Act or the regulations an opportunity to be heard, or after one month has elapsed after the date on which the person was given the opportunity to be heard, the minister by order may determine whether the person has contravened the provision.

Administrative penalties and cost recovery

27(1) If the minister determines by order under section 26 that the person has contravened a provision, the minister by order

(a) may levy an administrative penalty against the person in an amount that does not exceed a prescribed amount,

(b) may determine the amount of the government's costs of fire control under section 9 for a fire that resulted, directly or indirectly, from the contravention, calculated in the prescribed manner,

(c) may determine the amount that is equal to the dollar value of any

(i) Crown timber,

(ii) other forest land resources,

(iii) grass land resources, and

(iv) other property

of the government damaged or destroyed as a result, directly or indirectly, of the contravention, calculated in the prescribed manner,

(c.1) may determine the costs

(i) that have been or will be incurred by the government in re-establishing a free growing stand as a direct or indirect result of the contravention, and

(ii) that have been incurred by the government for silviculture treatments that were rendered ineffective as a direct or indirect result of the contravention, and

(d) except in prescribed circumstances, may require the person to pay the amounts determined under paragraphs (b) and (c) and the costs determined under paragraph (c.1), subject to the prescribed limits, if any.

(2) The minister must give written notice to the person who is the subject of an order under section 26, accompanied by a copy of the order and informing the person of

(a) the amount of any administrative penalty levied against the person by an order under subsection (1) (a) and of the person's liability under section 130 of the Forest Act to pay that amount,

(b) the provision contravened and the reasons for the order or orders,

(c) the amount of any costs of the government determined under subsection (1) (b), itemized particulars of those costs and the person's liability under section 130 of the Forest Act to pay that amount,

(d) any amount determined under subsection (1) (c), itemized particulars of that amount and the person's liability under section 130 of the Forest Act to pay that amount,

(d.1) any costs determined under subsection (1) (c.1), itemized particulars of those costs and the person's liability under section 130 of the Forest Act to pay those costs, and

(e) the person's right to a review under section 37 or to an appeal under section 39, including an address to which a request for a review or appeal may be delivered.

(3) Before the minister levies an administrative penalty under subsection (1), he or she must consider

(a) previous contraventions of a similar nature by the person,

(b) the gravity and magnitude of the contravention,

(c) whether the contravention was repeated or continuous,

(d) whether the contravention was deliberate,

(e) any economic benefit derived by the person from the contravention, and

(f) the person's cooperativeness and efforts to correct the contravention.

Remediation orders

28(1) If the minister determines by order under section 26 that a person has contravened a provision of this Act or the regulations, the minister may order the person to do work, at the person's own expense, that is reasonably necessary to remedy the contravention and to repair any damage caused by the contravention.

(2) If the minister, under subsection (1), orders a person to do work, the minister must give written notice, accompanied by the order, to the person, specifying

(a) the provision contravened,

(b) the work to be done to remedy the contravention,

(c) the date by which the work must be completed,

(d) the person's right to a review under section 37 or to an appeal under section 39, including an address to which a request for a review or appeal may be delivered,

(e) the right under subsection (3) (b) of the minister to carry out the work, and

(f) the right under subsection (3) (d) of the minister to levy an administrative penalty for the contravention.

(3) If a person, by the date specified in a written notice given under subsection (2), does not comply with the order of the minister under subsection (1), the minister may do one or more of the following:

(a) by order restrict or prohibit the person from carrying out the work referred to in the order;

(b) carry out the work;

(c) by order require the person to pay to the government the amount of all direct and indirect costs the minister determines were reasonably incurred in carrying out the work referred to in paragraph (b);

(d) by order levy an administrative penalty not exceeding an amount that is the sum of the costs referred to in paragraph (c);

(e) for the purpose of recovering the amount referred to in paragraph (c) or the administrative penalty referred to in paragraph (d), realize any security provided under the regulations by the person.

(4) The minister must give written notice of the completion of work carried out under subsection (3) (b) and of any order under subsection (3) (a) or (c) to the person to whom the notice under subsection (2) was given,

(a) informing the person of

(i) the restrictions or the prohibition under an order under subsection (3) (a), and

(ii) the amount payable by the person to the government under an order under subsection (3) (c) and the person's liability under section 130 of the Forest Act to pay that amount,

(b) providing the person with a copy of the order under subsection (3) (a), and

(c) providing the person with a copy of the order under subsection (3) (c) and with an accounting of the expenditures relating to the work.

(5) The minister must give written notice to the person, who is the subject of an order under subsection (3) (d), providing the person with a copy of the order and informing the person of

(a) the amount of the administrative penalty and the person's liability under section 130 of the Forest Act to pay that amount,

(b) the reasons for the administrative penalty, and

(c) the person's right to a review under section 37 or to an appeal under section 39, including an address to which a request for a review or appeal may be delivered.

(7) The minister must refund to the person any surplus of funds remaining from the realization of a security under subsection (3) (e), after payment of

(a) the amount of the costs referred to in subsection (3) (c), and

(b) any administrative penalty levied under subsection (3) (d).

(8) If a person who receives an order under subsection (1)

(a) carries out work specified in the order, and

(b) incurs expenses in excess of the expenses that the person would have incurred if the order had not been made,

and the order is rescinded on review or appeal, then, to the extent provided in the regulations, the excess expenses of the work are to be paid by the government.

Defences in relation to administrative proceedings

29For the purposes of an order of the minister under section 26, a person may not be determined to have contravened a provision of this Act or the regulations if the person establishes that

(a) the person exercised due diligence to prevent the contravention,

(b) the person reasonably believed in the existence of facts that if true would establish that the person did not contravene the provision, or

(c) the person's actions relevant to the provision were the result of an officially induced error.

Liability of employers, directors and officers

30(1) Subject to section 29, if a person's contractor, employee or agent contravenes a provision of this Act or the regulations in the course of carrying out the contract, employment or agency, the person also contravenes the provision.

(2) If a corporation contravenes a provision of this Act or the regulations, a director or an officer of the corporation who authorized, permitted or acquiesced in the contravention also contravenes the provision.

Extension of due date for administrative penalties and other charges, on review or appeal

(a) an order under this Act imposes an administrative penalty or other charge against a person, and

(b) the person, under section 37 or 39 of this Act, may request a review of the order or may appeal the order,

the penalty or charge is due and payable on the date a stay under section 36 ceases to apply.

Penalty revenue to be paid into special account

32All revenue derived from administrative penalties levied under this Act must be paid to the credit of the Environmental Remediation Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.

Limitation period

33(1) The period during which the minister may make an order under section 25 (2) is 3 years beginning on the date on which the facts that led to the determination under subsection (3) of that section first came to the knowledge of an official.

(1.1) The period during which the minister may make

(a) an order under section 26 determining that a person has contravened a provision of this Act or the regulations, or

(b) an order under section 27 (1) or 28 (1) in respect of the contravention referred to in paragraph (a) of this subsection

is 3 years beginning on the date on which the facts that led to the determination that the person contravened the provision first came to the knowledge of an official.

(1.2) The period during which the minister may make an order under section 28 (3) (c) or (d) is 3 years beginning on the date specified in the written notice given under subsection (2) of that section.

(2) A document purporting to have been issued by an official, certifying the date on which the facts referred to in subsection (1) or (1.1) first came to the knowledge of an official,

(a) is admissible in an appeal under section 39 from the order, without proof of the signature or official character of the individual appearing to have signed the document, and

(b) in the absence of evidence to the contrary, is proof of the matter certified.

Stop work order

34(1) If an official has reasonable grounds to believe that a person is contravening a provision of this Act or the regulations, the official may order that the contravention stop, or stop to the extent specified by the order.

(a) the references in section 66 (2) (d) of that Act to sections 80 and 82 must be read as references to sections 37 and 39 of this Act, and

(b) the references in section 66 (3) and (4) of that Act to section 110 must be read as references to section 110 of that Act as it applies under section 63 of this Act for the purposes of this Act.

(3) A person who is the subject of an order under subsection (1), and to whom written notice has been given under subsection (2), must comply with the order.

Division 3 — Corrections, Reviews and Appeals

Correction of an order

35(1) Within 15 days after an order

(a) under section 17 (3.1), 25, 26, 27 or 28, the minister, or

(b) under section 7 (3) or 34, the official who made the order

may correct

(c) a typographical, an arithmetical or another similar error in the order, or

(d) an obvious error or omission in the order.

(2) The correction does not take effect until the date on which the person who is the subject of the order is notified of it under subsection (4).

(3) The discretion conferred under subsection (1)

(a) is to be exercised in the same manner as the order affected by it, and

(b) is exercisable with or without a hearing and

(i) on the initiative of the minister or official who made the order, or

(ii) at the request of the person who is the subject of the order.

(4) The person who is the subject of an order corrected under this section must be notified in writing of the correction.

Order stayed until proceedings concluded

36(1) An order that may be reviewed under section 37 or appealed under section 39 is stayed until the person who is the subject of the order has no further right to have the order reviewed or appealed.

(2) Despite subsection (1), the minister may order that an order, other than an order levying an administrative penalty under section 27 or 28 (3) (d) is not stayed on being satisfied that a stay or a stay without those conditions, as the case may be, would be contrary to the public interest.

(3) Despite subsection (1), an order is not stayed if the order is made under section 34.

Review of an order

37(1) Subject to subsection (2), at the request of a person who is the subject of an order under section 7 (3), 17 (3.1), 25, 26, 27, 28 (1) or (3) (d) or 34, the person who made the order, or another person employed in the
ministry and designated in writing by the minister, must review the order, but only if satisfied that there is evidence that was not available at the time of the original order.

(2) On a review referred to in subsection (1), only

(a) evidence that was not available at the time of the original order, and

(b) the record pertaining to the original order

may be considered.

(3) To obtain a review referred to in subsection (1), the person who is the subject of the order must request the review not later than 3 weeks after the date the notice of order was given to the person.

(4) The minister may extend the time limit in subsection (3) before or after the time limit's expiry.

(5) The person conducting a review referred to in subsection (1) has the same discretion to make a decision that the original decision maker had at the time of the original order.

Board may require review of an order

38(1) If the board first receives the consent of the person who is the subject of an order referred to in section 37 (1), the board may require a review of the order by the person who made the order, or another person employed in the ministry and designated in writing by the minister.

(2) To obtain a review of an order under subsection (1), the board must require the review not later than 3 weeks after the date the notice of the order was given to the person who is the subject of the order.

(3) The minister may extend the time limit for requiring a review under this section before or after the time limit's expiry.

(4) The person conducting the review has the same discretion to make a decision that the original decision maker had at the time of the order under review.

Appeal to the commission from an order

39(1) The person who is the subject of an order referred to in section 37 (1) may appeal to the commission from either of the following, but not both:

(a) the order;

(b) a decision made after completion of a review of the order.

(2) [Repealed 2015-10-194.]

Appeal to the commission by the board

40(1) The board may appeal to the commission from either of the following, but not both:

(3) The board has standing to be a party, if it so requests, to an appeal under this Act.

Powers of commission

41(1) On an appeal under section 39 by a person or under section 40 by the board, the commission may

(a) consider the findings of the decision maker who made the order, and

(b) either

(i) confirm, vary or rescind the order, or

(ii) with or without directions, refer the matter back to the decision maker who made the order, for reconsideration.

(2) [Repealed 2015-10-196.]

(3) After the period to request an appeal to the Supreme Court under the Forest and Range Practices Act has passed, the minister may file a certified copy of the decision of the commission with the Supreme Court.

(4) A certified copy of a decision filed under subsection (3) has the same force and effect as an order of the court for the recovery of a debt in the amount stated in the decision, against the person named in the decision, and all proceedings may be taken as if the decision were an order of the court.

Part 4 — Offences, Court Orders and Proceedings

Division 1 — Limitation Period and Offences

Limitation period

42(1) The time limit for laying an information respecting an offence under this Act is 3 years after the facts on which the information is based first came to the knowledge of an official.

(2) A document, purporting to have been issued by an official referred to in subsection (1), certifying the date on which the facts referred to in that subsection first came to the knowledge of the official,

(a) is admissible without proof of the signature or official character of the individual appearing to have signed the document, and

(b) in the absence of evidence to the contrary, is proof of the matter certified in the document.

Offences

43(1) A person who intentionally or recklessly causes damage to Crown forest land or Crown grass land by starting a fire in contravention of section 3 (1), 5 (1) or 6 (1) commits an offence and is liable on conviction to a fine not exceeding $1 000 000, or to imprisonment for not more than 3 years, or to both.

(2) A person who contravenes section 3 (1) or (2), 5 (1) or (2) or 6 (1), (2) or (3) (a), (b) or (c) commits an offence and is liable on conviction to a fine not exceeding $500 000, or to imprisonment for not more than 2 years, or to
both.

(3) A person who contravenes section 7 (2), (2.1) or (4), 10 (3) or (4), 12 (2), 16 (2), 22 (1) or (2), 34 (3), 56 or 57 commits an offence and is liable on conviction to a fine not exceeding $100 000, or to imprisonment for not more than one year, or to both.

(4) A person who contravenes section 2, 6 (3) (d), 7 (1), 11 (2), 13 (2) or 22 (3) commits an offence and is liable on conviction to a fine not exceeding $5 000, or to imprisonment for not more than 6 months, or to both.

(5) The Lieutenant Governor in Council may provide by regulation that

(a) a contravention of a regulation is an offence, and

(b) a person convicted of an offence for a contravention of a regulation is liable to a fine not exceeding a maximum amount, or to imprisonment not exceeding a maximum length, or to both.

(6) If the maximum fine or imprisonment that is provided by a regulation under subsection (5) (b) is less than that provided by a provision of this Act, the regulation prevails.

Offence by directors and officers

44If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits the offence.

Section 5 Offence Act

45Section 5 of the Offence Act does not apply to this Act or the regulations.

Division 2 — Court Orders

Court orders

46If a person is convicted of an offence under this Act, then in addition to any other punishment that may be imposed, the court by order may do one or more of the following:

(a) prohibit the person from doing anything that may result in the continuation or repetition of the offence;

(b) direct the person to comply with the provision contravened;

(c) direct the person to pay compensation or make restitution;

(d) direct the person to take any action the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;

(e) direct the person to publish, at the person's own cost, the facts relating to the conviction;

(f) direct the person to compensate the minister, in whole or in part, for the cost of any remedial or preventative action taken by or caused to be taken on behalf of the ministry as a result of the act or omission that constituted the offence;

(g) direct the person to pay court costs;

(h) direct the person to pay the costs of the investigation.

Court orders on application by minister

47(1) If the minister considers that a person is not complying, or has not complied, with an order made under this Act, the minister may apply to the Supreme Court for either or both of the following:

(a) an order directing the person to comply with the order or restraining the person from violating the order;

(b) an order directing the directors and officers of the person to cause the person to comply with or to cease violating the order.

(2) On application by the minister under this section, the Supreme Court may make an order it considers appropriate.

Penalty for monetary benefit

48(1) The court that convicts a person of an offence under this Act may increase a fine imposed on the person by an amount equal to the court's estimation of the amount of the monetary benefit that was acquired by or that accrued to the person as a result of the commission of the offence.

(2) A fine increased under subsection (1)

(a) applies despite any provision that provides for a maximum fine, and

(b) is in addition to any other fine under this Act.

Employer liability

49(1) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by the defendant's contractor, employee or agent.

(2) This section applies even if the contractor, employee or agent has not been identified or prosecuted for the offence.

Defences to a prosecution

50Due diligence, mistake of fact and officially induced error are defences to a prosecution under this Act.

Remedies preserved

51A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.

Repealed

52[Repealed 2007-18-100.]

Limitation on proceedings

53(1) The government may not proceed under this Act with both an offence and an administrative penalty for the same contravention.

(2)
Subsection (1) does not derogate from the government's ability to make an order respecting compensation or remediation.

Part 5 — General

Division 1 — Exercise of Discretion and Prohibitions

Power to impose conditions

54(1) A person with a discretion under this Act to make an order or to grant an exemption or authorization under this Act may

(a) impose conditions that the person considers necessary or desirable in respect of the order, exemption or authorization, and

(b) remove or vary the conditions by own motion or on the application of a person who is the subject of the order, exemption or authorization.

(2) A condition imposed under subsection (1) is conclusively deemed to be part of the order, exemption or authorization in respect of which it is imposed, whether contained in or attached to it or contained in a separate document.

Powers cumulative

55Powers under this Act of the minister or an official to

(a) make an order, or

(b) commence a proceeding

may be exercised separately, concurrently or cumulatively, and do not affect the exercise of any other powers of the minister, the official or both under this or another enactment.

Interference, non-compliance and misleading

56(1) In this section, "person acting in an official capacity" means

(a) an individual who

(i) is employed under the Public Service Act, is a member of the commission or the board, is a person retained under section 138 of the Forest and Range Practices Act, as it applies for the purposes of this Act, or is a temporary employee hired under section 15 of this Act, and

(ii) is exercising a power or performing a duty or function under this Act, or

(b) an individual who

(i) is an independent contractor of the government, is employed by an independent contractor of the government, is a person from another jurisdiction acting under a mutual aid arrangement, as defined in section 66.1, is employed or retained by or acting voluntarily for a local government fire department that is acting under an arrangement with the government, is a member of the Canadian Forces or is a member of an organization prescribed for the purposes of section 9 (7) (e), and

(ii) is carrying out fire control under this Act on behalf of the government.

(2) A person must not

(a) without lawful excuse, interfere with a person acting in an official capacity,

(b) without lawful excuse, fail to comply with a lawful requirement of a person acting in an official capacity,

(c) intentionally make a false statement to, or mislead or attempt to mislead, a person acting in an official capacity,

(d) without lawful excuse, operate equipment, machinery, a vehicle or a vessel or act in a manner that interferes with fire control that is being carried out under this Act by the government, or

(e) without lawful excuse, operate equipment, machinery, a vehicle or a vessel or act in a manner that interferes with

(i) the causing of fire on, or the introduction of fire onto, Crown land, as authorized under section 18, or

(ii) the control of a fire authorized under section 18.

Whistle-blower protection

57A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on, or otherwise discriminate against, a person because that person complains or is named in a complaint, gives evidence or otherwise assists in respect of a prosecution, a complaint or another proceeding under this Act.

Division 2 — Powers of the Minister

Delegation

58(1) Subject to a regulation made under section 69 (2) (b), the minister, in writing, may

(a) delegate a power or duty of the minister under this Act, including a quasi-judicial power or duty, to a person employed in a ministry or to a class of persons employed in a ministry,

(b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty or function, and

(c) vary or revoke a delegation or direction.

(2) In respect of a power or duty delegated under this section, this Act and the regulations apply to the delegate as they apply to the minister.

Extension of time

59The minister may extend a time required to do anything under this Act other than a period within which to make an order or to commence a proceeding.

Power to enter into agreements

60On behalf of the government, the minister or an official designated by the minister may enter into agreements for purposes under this Act including but not limited to agreements respecting fire control.

Division 3 — Libel Protection, Confidentiality and Disclosure

Protection against libel and slander

61For the purposes of any Act or law respecting libel or slander,

(a) anything said, all information supplied and all records and things produced in the course of an investigation, an inquiry or proceedings before the board or commission under this Act are privileged to the same extent as if the investigation, inquiry or proceedings were proceedings in a court, and

(b) each of a report made by the board or commission and a fair and accurate account of the report in a newspaper, periodical publication or broadcast is privileged to the same extent as if the report of the board or commission were the order of the court.

Confidentiality and disclosure

62(1) In this section:

"information" includes a record;

"person" means

(a) the government, board or commission,

(b) an employee, agent or independent contractor of the government, board or commission, or

How notice may be given

Evidence of designation or delegation

64(1) A document, purporting to have been issued by any of the ministers referred to in the definition of "official" in section 1, certifying that the minister has designated a person as an official under this Act, is admissible as evidence of the designation without proof of the signature or official character of the minister purporting to have signed the document.

(2) A document purporting, to have been issued by the minister responsible for administration of this Act, certifying that the minister has made a delegation under section 58, is admissible as evidence of the delegation without proof of the signature or official character of the minister purporting to have signed the document.

Appropriation

65The minister may pay out of the consolidated revenue fund without an appropriation other than this section any expenditures the minister considers necessary or advisable for the following purposes:

(a) direct fire control carried out on any land;

(b) abating any risk to public safety that is on any land and is a result of fire control carried out under section 9;

(c) abating any risk to public safety that is on Crown land and is a result of a fire;

(d) compensating an owner or tenant of private land under section 9 (4) or (5);

(e) rehabilitating any land damaged by fire control carried out under section 9;

(f) rehabilitating Crown land that has been damaged by fire;

(g) abating a fire hazard that exists on Crown land;

(h) fire prevention and fire preparedness in respect of any land.

Cost of performing obligations

66If this Act or a regulation requires a person to perform an obligation or otherwise comply with this Act or the regulations, the person must do so at the person's own expense unless another provision of this Act or the regulations specifically provides otherwise.

Liability protection

66.1(1) In this section:

"mutual aid arrangement" means an agreement, understanding or other arrangement entered into on behalf of the government with one or more other jurisdictions to share resources in relation to fire control;

"protected person" means any of the following:

(a) the minister;

(b) an official;

(c) an employee of the government;

(d) a temporary employee hired under section 15;

(e) a person acting under an order made by an official under section 16;

(f) a person from another jurisdiction acting under a mutual aid arrangement.

(2) Subject to subsection (4), no legal proceeding for damages lies or may be commenced or maintained against a protected person because of anything done or omitted

(a) in the exercise or intended exercise of any power under this Act, or

(b) in the performance or intended performance of any duty or function under this Act.

(3) Subject to subsections (4) to (6), no legal proceeding for damages lies or may be commenced or maintained against the government because of anything done or omitted

(a) in the exercise or intended exercise of any power under this Act, or

(b) in the performance or intended performance of any duty or function under this Act.

(4)
Subsections (2) and (3) do not apply to a protected person or the government in relation to anything done or omitted in bad faith.

(5)
Subsection (3) does not affect an obligation of the government to pay

(a) compensation under section 9 (4) or (5) or 17 (1), or

(b) remuneration under section 15 (3).

(6)
Subsection (3) does not apply to a legal proceeding against the government commenced on or before February 13, 2014.

Part 6 — Forest Practices Board

Definition of "party" for section 68

67In section 68 and the regulations related to this Part, "party" means

(d) a person referred to in section 68 (2) who may be audited or investigated under that section.

Audits, special investigations and complaints from public

68(1) In accordance with the regulations,

(a) the board

(i) must carry out periodic independent audits, and

(ii) may carry out special investigations

to determine

(iii) compliance with the requirements of Parts 1 and 2 and the regulations made in relation to those Parts by a party, and

(iv) the appropriateness of government enforcement under Part 3, and

(b) the board must deal with complaints from the public respecting prescribed matters that relate to this Act.

(2) If

(a) while carrying out under subsection (1) (a) (i) or (ii) an audit or investigation of a party in respect of a matter referred to in subsection (1) (a) (iii), the board finds that the party complied with the requirements audited or investigated, and

(b) the only reason for that finding is that

(i) the party exercised due diligence to prevent non-compliance,

(ii) the party reasonably believed in the existence of facts that if true would establish that the party complied with the requirement, or

(iii) the party's actions relevant to the requirement were the result of an officially induced error,

the board may audit or investigate whether a person other than that party did not comply with the requirements, in the course of acting for or at the direction of the party.

(a) the references in sections 123, 124 and 131 of that Act to a determination must be read as references to an order under this Act,

(b) the reference in section 129 of that Act to section 97 must be read as a reference to section 56 of this Act, and

(c) the reference in section 131 (4) of that Act to section 83 must be read as a reference to section 40 of this Act.

Part 7 — Regulations

Power to make regulations

69(1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) defining a word or expression used but not defined in this Act;

(b) for the purposes of section 58 (1) (a), specifying which powers and duties of the minister under this Act must not be delegated;

(c) for the purposes of section 4 (2), prescribing

(i) a municipality within the boundaries of which sections 5 and 6 apply, and

(ii) the criteria that must be met by a bylaw of a municipality prescribed under subparagraph (i) or of a local government in order that sections 5 and 6 do not apply to the areas that are subject to the bylaw;

(d) for the purposes of section 4 (3), prescribing the circumstances in respect of which sections 5 and 6 do not apply to areas of private managed forest land.

(3) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) make different regulations for different circumstances, persons, places, things or transactions;

(d) adopt the provisions of a publication or adopt them as they are amended from time to time.

Exemptions

70(1) The Lieutenant Governor in Council may make regulations respecting the exemption of a person, place, thing or transaction from a provision of this Act or the regulations.

(2) In making a regulation under subsection (1), the Lieutenant Governor in Council may make the exemption subject to conditions.

(3) The Lieutenant Governor in Council may make regulations restricting an official's authority to exempt a person from a provision under this Act.

Criteria for exercise of discretionary powers

71(1) The Lieutenant Governor in Council may make regulations respecting the criteria that a person must use in exercising a discretionary power conferred on the person under this Act.

(2) Criteria prescribed under subsection (1) are in addition to any criteria required by this Act.

Protection of forest resources

72(1) The Lieutenant Governor in Council may make regulations respecting fire control and the protection of forest land resources or grass land resources.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations, applicable on forest land or grass land and other land within 1 km of any forest land or grass land,

(a) respecting fire use, fire prevention and fire rehabilitation,

(b) respecting high risk activities in relation to fire control, fire prevention and the protection of forest land resources or grass land resources,

(c) requiring the submission of fire emergency information to an official,

(g) respecting the abatement of fire hazards, including, without limitation,

(i) prescribing activities and time periods for the purposes of section 7 (2),

(ii) prescribing classes of persons, time periods and areas for the purposes of section 7 (2.1), and

(iii) specifying, for the purposes of section 7 (2) and (2.1), the extent to which a fire hazard must be abated,

(h) prohibiting the use of open fires, and

(i) governing the compensation that is required or authorized to be paid under a provision of this Act.

(3) An official may exempt a person from all or part of a regulation made under subsection (2), subject to conditions or alternative requirements the official may specify.

Notification requirements

73The Lieutenant Governor in Council may make regulations requiring persons to give written notice to an official concerning when, whether or not and to what extent the person has completed or will complete an obligation of the person under this Act.

Administrative remedies

74(1) The Lieutenant Governor in Council may make regulations respecting administrative remedies.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting fees and administrative penalties in cases in which a person does not comply with this Act or the regulations.

Reconsideration

75The Lieutenant Governor in Council may make regulations respecting the review or correction of an order under this Act.

Forms and furnishing of information

76(1) The Lieutenant Governor in Council may prescribe forms for this Act.

(2) The Lieutenant Governor in Council may make regulations respecting the furnishing of information to the minister or to an employee in the ministry.

(3) Without limiting subsections (1) and (2), the Lieutenant Governor in Council may make regulations respecting the furnishing of information

(a) on request or at specified times, and

(b) in a specified format, including electronic format.

Fees for service

77(1) The Lieutenant Governor in Council may make regulations respecting fees for the provision, under this Act, of a service by the government to any person.

(2)
Subsection (1) applies whether or not there is an obligation on the government to provide the service.

Security

78(1) The Lieutenant Governor in Council may make regulations requiring security of any kind, including but not limited to money, to be provided to ensure the performance of an obligation arising under this Act by

(a) the holder of an agreement of one or more of any of the types of agreement referred to in section 12 of the Forest Act or in section 3 of the Range Act, or

(b) persons in one or more categories of persons that may be prescribed.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:

(a) the type of security that is acceptable or not acceptable;

(b) the form and content of the security;

(c) the circumstances under which the security may be realized.

Recovery of money

79The Lieutenant Governor in Council may make regulations respecting

(a) the recovery of money that is required to be paid to the government under this Act, and

(b) damage caused by persons to Crown assets and the recovery of those damages.

Forest Practices Board

80The Lieutenant Governor in Council, for purposes under this Act, may exercise the regulation making powers in relation to the board that are set out in section 167 of the Forest and Range Practices Act.

Part 8

Repealed

81[Repealed 2004-31-81 (3).]

Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 82 to 103.]